Fort Worth weekly gazette. [volume] (Fort Worth, Tex.) 1882-1891, 1887-05-20

, Judges of said Court of Appeals the Governor
snali appoint the requisite number of additional
JUDGES to constitute a court of three members,
and the Judges so appointed shall hold their
Office until the next general election
Sec. l6 The several judges of the Court OF
Appeals shaIl possess the same qualifications
and receive the same salary as justices of the
Supreme court. The judges shall select from
their own number presiding Judge who shall
perform sucn duties and hold Tor such term Sc
the court may prescribe. a majority of the
court shall constitute quorum, and the CON
currence of two of the judges shall be neces-
sary to decision. The court shall sit at the
same time and places as are prescribed for the
Supreme court. The court and the judges
thereof shall have power to issue the writ OF
habeas corpus and all wrlts kli0sSt TO the law
which may be necessary to tfe exercise of its
jurisdiction or to enforce the ssme5 They shall
also have power by mandamHE or otherwise 10
compel the District and infester courts to pro 4
coed with the trial of cases Depding in e75f
S cogTi2 OF gAi ON the ss6 GSIrt
have power toSasceItain such fk2ss - may 10
necessary inisne eXeSeise ofRs Jurisdiction
peaie jurisdiction iminaI cases 4sIs With With sac
/ exceptions and undsfisuch regulations IS mav
/ be prescribed by lazy,
cierk Tor each place at whica & may SIT, VINO
| shall hold his Office for fOar years, subject to
removal eT the court, and who shall give such
bend as tsor may 3e,pEescribed by law.
- DISTINCT COURT.
SeG-I8 Tho state shall be divided into a con
! venientDum6er of judicial districts, consisting
OF one or mors.eounties. Regular terms OF the
court shall be Aeld by the district Judges at the
county seat Of each county in the district 81
| least twice ~ zach year, in such manner as may
be presG5s599f by general or local law.
/ Setskt%4here snail be district Judge for
each judicial district, who shall be elected by
| the qualified voters of the district at g general
election. He shall hold his Office for the term
1 OF four years from the date of his election. The
district judges who may be in Office when this
amendment takes effect shall hold their
Offices until the expiration of their several
I under on 81 mi fDD md saw
! Sec. 2l Each district Judge shall be 3 quail
fed voter and resident OF the DISTRICT, shall
| have arrived at tie age of twenty eight years,
anu shall have been a practicing lawyer in this
state at least six years, and shall reside in his
district during his term OF office.
/ sec. - The Judges of the district courts shall
receive an annual salary of S25OO, which shall
/ be paid as prescribed by law.
! Sec. %. The district courts shall be courts
/ OF general Jurisdiction. They shall have Origi-
nal Jurisdiction, both civil and criminal, of all
cases and special proceedings of which e1-
| elusive jurisdiction IS not conferred on some
other court, and in civil cases such Jurisdiction
| shall he exercised without regard to any dis
| tinctiOn between law and equity. Contested
elections ard other special cases, where the
/ right to resort to the courts arises only out OF
/ legislative action, may be referred by the
/ Legislature to the District court, or other
| tribunal, with or without the right of appeal to
the supreme court, as NAV be prescribed by
! law.
Sec "A. The District court shall have appel
| late jurisdiction and such control over the In
feriOr courts and tribunals in The county as may
be prescribed by law.
Sec %. The District courts, and the Judges
| thereof, shall have power to issue the writ OF
! haDeas corpus, and TO render Judgment there
| in, either In vacation or term time. They shall
also have power to issue wrts of tFhaudamus,
| injunction, certlOTdrl, and all Wrtts1-knOWn 70
| the law which may be necessary TO the eNer-
else OF their jurisdiction, or to enforce the
! same.
Sec. 20. ANY District indge shall. have power
| to hold q special term of the District court in
| any county OF ais district, under such circum-
stances and IN such manner as may be directed
/ by general or special law
| See. p. There shall be a clerk of the District
court OF each county, who shall be elected by
the qualified voters of thS county, and who
shall hold his Office fOrtwO Years, whose duties
and compensation shall be prescribed by law.
Sec. Is. There shsll be elected by the qualified
voters of each county a5kheriff who shall hold
his once for two years. whose duties, Derqui-
sites and fees Of oRsce shall be prescribed 10y
law.
Sec. %. The Legislature shall provide for the
election CT distriGeand county attorneys and
such other officers as may be deemed necessary
TO the due administration of justice define their
duties and Elk their CONDENSATION. The district
attorneys and county attorneys who shall be I'm
Office at the time this amendmen. shall take
effect shall, held their Offices until the e1pira-
ton of their seVeral terms under the present
constitutiodsand laws.
Sec. 80. The judicial districts IN this state and
the time OF holding courts therein shall remain
as at present until otherwise provided by law
Sec. 81 The Criminal District court of Cal
weston aid Harris counties shall continue with
the llf-S0lCLlOn, organization, and DIS riCt
existing until otherwise provided by law, and
the hegis ature may establish such other courts,
embracing one or mere counties. with such
criminal Jurisdiction as may be provided by
law. The qualifications, salaries, and tenure
Of Office of the judges Of said courts shall be the
same as for judges Of the District court.
Sec, 81. Grand and petit juries in the District
court shall be composed OF twelve men; but
nine members of a grand. Jury shall be q quo
rum to transact business and present billsi and
the Legislature may pass laws authorizing less
than the whole number of petit Jury % render
verdict in civil and misdemeanor cases
Sec 80. All vacancies in the Office of Justice
OF the supreme court or Court of Appears, or Of
judges of the District courts, shall be filed BY
the Governor by appointment for the uneN-
PRED term.
Sec 81 The Legislature shall from time
to time, by general or local law, establish
county courts and such other Inferior courts
and provide for their officers, with such iurls-
dictiOn and qualification and powers as may be
deemed eNpedient: Provided, The judges and
presiding officers of such courts shall
provided the district and other lnfe-
rlor courts now in existence, together
with their officers, shall continue, and shall
exercise the powers and Jurisdiction now con
ferred on them and appeals shallli as at pres
ent, except that civil cases heretofore appeal
able to the Court of Appeals shall, until other
wise provided by law, be appeaable to the Su-
preme court, under the rules and regulations
now prescribed for appeals to that court. Pro
vided, The Court of Appeals shall determine all
civil cases pending before 1t at the time this
amendment shall be declared part of the
Constitution.
Sec. 50. No justice or Judge shall sit in any
case wherein he may be interested in the que5-
tion to be decided, or wnere either of the par
ties may be connected with him by affinity or
consanguinity within such degree as may be
prescribed by law, or where he shall have been
counsel in the case. When justice of the >u-
pfeme court, or of the Court of Appeals shall
be disqualified TO hear and determine any case
or cases in said court the same snail be CerI-
iedhy such court to the Governor OF the state,
who shall Immediately commission the requi-
site mum Der OF persons, learned In law, for the
tr' al and determination OF such case or cases.
When She Judge of district is disqualified the
parties may, by consent, appoint proper per
son to try the case, or upon their failure TO do
so, competent person may be appointed by
the Governor to try the case, In the county
where It'll pending in such manner as may De
prescribed by law. The districG Judges may
exchange districts, hold courts for each
other, when ,they may deem IL eEpedient, and
shall do owhen directed by law.
Sec. Sc. District clerks, -heritfs, prosecuting
and other officers, provision for
whose removal from Office is not otherwise
specially provided for. may be removed from
otGce by the judges of the district courts for in
official misconduct, habitual
drunkenness, or Drunkenness which does not
amount to habitual drunkenness, or other
causes defined by law, upon the cause therefor
being set forth in writing. and the finding OF It's
ruth by Jury. Vacancies IN all Offices shall
be filed as may be prescribed in this COnsttU-
ton, or, in the absence OF constitutional pro
visions, then IN such manner as may be pre-
5Cribed by law and, uasn otherwise provided,
in office shall be filed in the manner
now prescribed.
Sec. 81. The Legislature shall not create
any court inferior to the District court with
Jurisdiction Of suits in behalf OF the state 20 re
cover penalties, forfeiturss5 and escheats; Of
suits 70 recover damages Tor SANDER or defa-